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A domestic violence charge can affect your child custody rights (among other things)

You’ve likely heard that a defendant is presumed innocent until they’re proven guilty in a court of law — and that’s mostly true. That’s not entirely how things work, however, when someone is facing domestic violence charges. 

Individuals facing domestic violence charges may see their lives immediately impacted following their arrest in numerous ways — including with their custody and visitation rights.

Why might my domestic violence charges impact my parental rights?

An arrest for domestic violence, especially if it involves alleged abuse of your child or your co-parent, may give way to family law hearings in addition to your criminal ones. 

Your co-parent may be able to petition a family law judge to hold an emergency no-contact order hearing to protect them from any potential threats or acts of aggression toward them. Family law judges may not require very much evidence of actual abuse to issue such orders.

The court will likely require your co-parent to produce at least some evidence documenting the recency of the allegations or that you directed the alleged abuse at them or their child before approving a more permanent order. Recent allegations, The judge may restrict you to supervised visitation pending trial or significantly reduce your custodial rights. It may be hard to restore them once this happens. 

Where can you obtain more information about your child custody rights?

The way a domestic violence arrest impacts your child custody rights is only the tip of the iceberg in terms of how this charge can affect you. You may want to read over the child custody FAQs here on our website to learn more about what might affect your parental rights. An attorney can help you understand more.